MITCHELL v. EVANS

No. WD 66959.

284 S.W.3d 591 (2008)

Bernice MITCHELL, Appellant, v. Joseph EVANS, M.D., Surgical Care of Independence, Inc, Sol H. Dubin, M.D., Orthopedic Associates of Kansas City, Inc, Robert L. Bowser, M.D., Jeff Richardson, C.R.N.A., and Independence Anesthesia, Inc., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 1, 2008.

Application for Transfer Sustained November 25, 2008.

Case Retransferred June 30, 2009.

Court of Appeals Opinion Readopted July 8, 2009.


Attorney(s) appearing for the Case

William H. Pickett, Kansas Ciy, MO, for appellant.

Brian Pratt, Kansas City, MO, for respondents Joseph C. Evans, M.D. and Surgical Care of Independence. Inc.

Diane Waters, Shawnee, KS, for respondents Sol H. Dubin, M.D. and Orthopedic Associates of Kansas City, Inc.

Marc Erickson, Kansas City, for respondents Robert L. Bowser, M.D., Independence Anesthesia, Inc. and Jeff Richardson CRNA.


RONALD R. HOLLIGER, Judge.

Bernice Mitchell (hereafter "Mitchell") appeals a judgment entered after a jury verdict in her wrongful death medical malpractice case brought after the death of her son, William Mitchell (hereafter "Decedent"), while being medically treated following a severe automobile collision. The defendants are two surgeons, Joseph Evans, M.D. (hereafter "Dr. Evans") and Sol H. Dubin (hereafter "Dr. Dubin...

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